Czy celowe jest wprowadzanie możliwości przenoszenia spółdzielczego własnościowego prawa do lokalu na podstawie umowy o dożywocie?

Abstract

The cooperative ownership right to premises is a limited right in rem. Although since 31 July 2007 it is not possible to establish new cooperative ownership rights to premises, the existence of those that have been effectively established is not limited by any time limit. Authorized persons can dispose of them freely. Due to the fact that the premises being the subject of cooperative ownership rights are not real estate from the formal and legal point of view, they cannot be the subject of agreements that are used to transfer the ownership of real estate. This means that the cooperative ownership right to the premises cannot be transferred, in particular, on the basis of an annuity agreement. The analysis carried out in this study indicates that there are no obstacles preventing a change in the law aimed at creating the possibility of disposing of cooperative ownership rights to premises on the basis of an annuity contract. Such a change will remove the systemic inconsistency resulting from the fact that the cooperative ownership right to premises may be subject to transfer on the basis of a reverse mortgage loan agreement, and cannot be subject to transfer on the basis of an annuity agreement with a similar function. Creating the possibility of disposing of cooperative ownership rights to premises on the basis of an annuity agreement should not be limited only to the introduction of a provision to the Civil Code enabling the appropriate application of the provisions on annuity to agreements the purpose and effect of which is the transfer of the cooperative ownership right to premises in exchange for a commitment by its buyer to provide the seller with life support. Achieving the above-mentioned objectives of this amendment to the Civil Code, and in particular the proper protection of the interests of persons disposing of cooperative ownership rights to premises in exchange for a lifetime maintenance obligation, also requires consideration of amendments to some other acts, such as the Act on Housing Cooperatives and the Act on Land and Mortgage Registers and Mortgage. The changes in the legal status proposed in this study may improve the ability of older people to obtain care under civil law contracts.